Peeping Tom

Some crimes are very specific. Others cover a very broad range of behavior. Disorderly conduct, a crime in Massachusetts, is an example of the second. There are different types of disorderly conduct. One type is called “Peeping Tom” disorderly conduct.

What is “Peeping Tom” disorderly conduct?

Case law has established that Peeping Tom disorderly conduct has three elements:

1. The accused did something that created a “physically offensive condition” and that condition served “no legitimate purpose”.
2. The accused did the act in a place where the alleged victim had intentionally closed themself off from public view and that place was in an enclosed space or where there was a reasonable expectation of privacy.
3. The accused did the act with the intent to invade the privacy of the alleged victim or with reckless disregard for the alleged victim’s privacy.

In summary, Peeping Tom disorderly conduct is a crime punishing invasion of another person’s privacy. It requires either intent (purposeful behavior) or recklessness. Acting recklessly means the accused knew or should have known that their actions would very likely invade the privacy of another and ran the risk anyway.

Is it a defense if the alleged victim was not aware?

No, this is not a defense. A person could still be found guilty of this crime even if the alleged victim was not aware that there was an invasion of their privacy.

What are defenses to this crime?

If a person is charged with a crime, or under investigation for a crime, they should immediately consult an experienced criminal defense attorney. An effective criminal defense attorney will thoroughly review defenses that might be available. Some defenses to Peeping Tom disorderly conduct could include:

• The accused’s behavior was not legally offensive
• The alleged victim was not closed off from public view
• The accused did not intentionally or recklessly violate the alleged victim’s privacy

What is disorderly conduct generally?

Every state has its own definition, but generally disorderly conduct means socially unacceptable behavior that arises to a criminal level. It is a catch-all crime for behavior that causes annoyance, offense, and/or inconvenience.

What are some examples of disorderly conduct?

Disorderly conduct includes a wide range of behavior. Here are some examples:

• Public Intoxication
• Obstructing Traffic
• Causing Unreasonable Noise
• Loitering
• Using Offensive Language

All of this is behavior that could arise to disorderly conduct.

Is disorderly conduct a crime in Massachusetts?

Yes, disorderly conduct is illegal in Massachusetts. It is punished under Massachusetts General Laws Chapter 272, Section 53(b). However, the law does not provide a definition of “disorderly conduct” and merely says that “disorderly persons” shall be punished.

When a statute does not list the elements or specific requirements of a crime, it usually means that the lawmakers want the judges and lawyers to look to case law, or legal precedent, to understand what behavior the law punishes.

Is disorderly conduct a felony or misdemeanor?

Disorderly conduct is a misdemeanor in Massachusetts.

When a crime is a misdemeanor, it means a person who is convicted cannot be sentenced to state prison time. A person who is convicted of a misdemeanor in Massachusetts can only be sentenced to time served in the house of corrections.

The burden is not on the accused to prove their innocence. The burden is on the state to prove that the accused committed the crime beyond a reasonable doubt. This is a high burden. A successful criminal defense attorney will hold the state to its burden.

IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH DISORDERLY CONDUCT, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.

CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.

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